Family-based immigration enables certain people to
become U.S. permanent residents through family relations with U.S.
citizens or U.S. permanent residents. The U.S. citizen or permanent
resident who files a petition for a family member is called the Sponsor.
The alien relative for whom the immigration petition is filed is called
the Beneficiary.

A sponsor must be at least 18 years old, and a U.S.
citizen or legal permanent resident. The sponsor generally must live in
the United States, a territory or possession, unless you live abroad
temporarily and your permanent residence is still in the U.S.

A sponsor must sign a legally binding affidavit of
support for the Beneficiary, guaranteeing that the Sponsor to maintain
the standard of living of the intending immigrant at a level not lower
than 125% of the
national poverty level. This obligation continues until the
Beneficiary has become a U.S. citizen or has worked in the United States
for 40 qualifying quarters (about 10 years).

You need to provide documents proving that you are a U.S. citizen
(such as a U.S. passport, naturalization certificate or birth
certificate) or a permanent resident (such as a green card). You will
also need to prove your qualifying relationship, such as with a marriage
certificate, birth certificate, adoption papers and divorce papers or
death certificates from previous marriages. You will also need to
provide financial information, such as tax forms, proof of employment
and bank statements. Your family member will have to provide a
passport, photos, and a medical examination. You may also have to
provide other documentation, depending on your particular circumstances.

A Conditional Green Card is issued to spouses if
the marriage occurred less than two years before he or she is admitted
as a U.S. permanent resident. Both spouses need to jointly petition to
remove the condition within 90 days before the second anniversary of the
foreign spouse’s admission as a permanent resident. Failure to do so
will result in the termination of his or her conditional permanent
residence.

If your son is over 21 years old, he may petition for a green card
for you as his parents. If he is under 21 years old, however, he cannot
file an immigrant petition for you and your wife until he reaches his 21st
birthday.

The “Child Status Protection Act” allows your son to qualify if the petition is
filed before he turns 21 years old. You can find out more information about the
Child Status Protection Act, and its effect
on children of U.S. citizens, permanent residents and others.

U.S. citizens can sponsor a sibling for permanent
residency. A sibling is a brother, sister, stepbrother, stepsister, or
adopted brother or sister. To qualify as a sibling, you must have been
the child of at least one of the same parents. Adopted brothers and
sisters qualify if they were adopted by at least one of your parents
before your adopted sibling turned 16 years old. Your stepsister would
qualify as a sibling if your parent married her parent before she was 18
years old.

No, U.S. permanent residents are not eligible to
apply for green cards for their brothers or sisters. You would have to
become a U.S. citizen through the naturalization process to apply for
your sister.

No, lawful permanent residents are not eligible to
petition for parents to live and work in the United States. You would
have to apply for U.S. citizenship through the
naturalization
process, and then file a petition for your parents.

If you are a U.S. citizen, you should file an I-130
immigrant petition for her. Your wife can file an application of
adjustment of status at the same time.

If you are a permanent resident, you should file
the I-130 immigrant petition. Your wife will have to wait for an
immigrant visa to become available in the second preference category.
You can consult the
Visa Bulletin for information on visa availability.
Once the visa number becomes current, she can then apply to adjust to
permanent resident. During this waiting period, your wife must continue
to maintain valid nonimmigrant status.

The first step is to file an I-130 Immigrant
Petition for Alien Relative with the U.S. Citizenship and Immigration
Service (USCIS). The petition should request that the USCIS notify a
U.S. Consulate in the country where your husband lives. You have to
wait until this petition is approved.

If you are a U.S. citizen, your husband does not
have to wait until a visa becomes available before applying for an
immigrant visa. If you are a permanent resident, he will have to wait
until a visa is available. That information is on the State
Department’s
Visa Bulletin.

The National Visa Center of the U.S. State
Department will send you a series of forms called a “Packet 3.” After
the necessary forms are completed, your husband will go to the U.S.
Consulate and apply for an immigrant visa.

Your wife is eligible to “follow to join” you,
since you were married before you became a lawful permanent resident.
You do not have to submit a separate petition for your wife, and she
does not have to wait any additional time for a visa number to become
available. You should file a Form I-824 with the USCIS and request that
they notify the U.S. Consulate in your wife’s country to enable your
wife to apply for an immigrant visa.

A fiancé(e) visa is available to foreign citizens
who want to enter the United States to marry a U.S. citizen. These
visas are called “K-1” visas. The U.S. citizen must file a petition
with the USCIS. Once approved, the alien fiancé(e) applies for the K-1
visa at a U.S. Consulate overseas. The alien has to marry the U.S.
citizen within 90 days after the alien enters the United States on the
K-1 visa.

Yes, your spouse is eligible to apply for a nonimmigrant K-3 Visa
once the I-130 is pending. With this visa, she can enter the U.S. to
live and work while her permanent residency visa petition is pending.
However, it is not necessary for your wife to obtain a K-3 visa in order
to come to the U.S. to live and work. Your wife may wait abroad for
immigrant visa processing. This visa may allow her to join you in the
United States more quickly.